5 U.S.C. § 3594 — Guaranteed placement in other personnel systems
submitted 48 years ago by Pub. L. 95-454 to r/title-5-GOVERNMENT-ORGANIZATION-AND-EMPLOYEES · 487 words · no verdicts yet
This section guarantees placement and pay protections for certain career appointees removed from the Senior Executive Service.
(a) A career appointee originally appointed from a career or career-conditional civil-service position, or an equivalent-tenure position as OPM determines, who is removed during the section 3393(d) probationary period for a reason other than misconduct, neglect of duty, or malfeasance is entitled to placement in a non-Service civil-service position in any agency.
(b) An appointee who completed the probationary period and is removed either (1) for less-than-fully-successful executive performance under chapter 43, subchapter II, or (2) under section 3595(b)(4) or (5), is likewise entitled to placement in a non-Service civil-service position in any agency.
(c)(1) For subsections (a) and (b), (A) the position must be continuing, at GS-15 or above GS-15 under section 5108, or equivalent; an appointee covered by (a) gets tenure equivalent to the former appointment; (B) basic pay must be the highest of (i) pay for the new position, (ii) pay for the civil-service position held immediately before Service appointment, or (iii) pay immediately before placement; and (C) placement may not separate another employee or lower that employee’s grade. (2) If pay is based on (i)(ii) or (iii), it increases by 50 percent of each increase in the maximum pay for the new position’s grade until it reaches the rate for the new position.
A career appointee who was appointed from a civil service position held under a career or career-conditional appointment (or an appointment of equivalent tenure, as determined by the Office of Personnel Management) and who, for reasons other than misconduct, neglect of duty, or malfeasance, is removed from the Senior Executive Service during the probationary period under section 3393(d) of this title, shall be entitled to be placed in a civil service position (other than a Senior Executive Service position) in any agency.
A career appointee who has completed the probationary period under section 3393(d) of this title, and who—
is removed from the Senior Executive Service for less than fully successful executive performance as determined under subchapter II of chapter 43 of this title; or
is removed from the Senior Executive Service under paragraph (4) or (5) of section 3595(b) of this title;
shall be entitled to be placed in a civil service position (other than a Senior Executive Service position) in any agency.
For purposes of subsections (a) and (b) of this section—
the position in which any career appointee is placed under such subsections shall be a continuing position at GS–15 of the General Schedule or classified above GS–15 pursuant to section 5108, or an equivalent position, and, in the case of a career appointee referred to in subsection (a) of this section, the career appointee shall be entitled to an appointment of a tenure equivalent to the tenure of the appointment held in the position from which the career appointee was appointed;
any career appointee placed under subsection (a) or (b) of this section shall be entitled to receive basic pay at the highest of—
the rate of basic pay in effect for the position in which placed;
the rate of basic pay in effect at the time of the placement for the position the career appointee held in the civil service immediately before being appointed to the Senior Executive Service; or
the rate of basic pay in effect for the career appointee immediately before being placed under subsection (a) or (b) of this section; and
the placement of any career appointee under subsection (a) or (b) of this section may not be made to a position which would cause the separation or reduction in grade of any other employee.
An employee who is receiving basic pay under paragraph (1)(B)(ii) or (iii) of this subsection is entitled to have the basic pay rate of the employee increased by 50 percent of the amount of each increase in the maximum rate of basic pay for the grade of the position in which the employee is placed under subsection (a) or (b) of this section until the rate is equal to the rate in effect under paragraph (1)(B)(i) of this subsection for the position in which the employee is placed.
Source credit: (Added Pub. L. 95–454, title IV, § 404(b), Oct. 13, 1978, 92 Stat. 1166; amended Pub. L. 98–615, title III, § 303(b), Nov. 8, 1984, 98 Stat. 3217; Pub. L. 101–194, title V, § 506(b)(5), Nov. 30, 1989, 103 Stat. 1758; Pub. L. 101–509, title V, § 529 [title I, § 101(b)(9)(E)], Nov. 5, 1990, 104 Stat. 1427, 1441; Pub. L. 102–378, § 2(16), Oct. 2, 1992, 106 Stat. 1347; Pub. L. 107–296, title XIII, § 1321(a)(2)(C), Nov. 25, 2002, 116 Stat. 2297.)
- 1978Enacted · Pub. L. 95-454 · 92 Stat. 1166
- 1984Amended · Pub. L. 98-615 · 98 Stat. 3217
- 1989Amended · Pub. L. 101-194 · 103 Stat. 1758
- 1990Amended · Pub. L. 101-509 · 104 Stat. 1427, 1441
- 1992Amended · Pub. L. 102-378 · 106 Stat. 1347
- 2002Amended · Pub. L. 107-296 · 116 Stat. 2297
A history note hasn’t been published yet. The record shows enactment by Pub. L. 95-454 on 1978-10-13.
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